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BCC has been collecting and reporting data. BCC sent a letter to CDPHE requesting to remove <br />the pond and direct the flow directly into the river. In December 2008 CDPHW denied the <br />request saying that the hillside spring water treatment pond was improving the iron levels to <br />within NPDES discharge compliance limits; the NPDES permit was extended until May 31, <br />2009. In the meantime, BCC must continue sampling and the pond will remain in place until <br />BCC has approval from CDPHE to discontinue with the pond treatment. <br />Stability on the west end where `slide' occurred. Geotechnical instability issues at the <br />backfilled west side portal area. <br />On-going weed control - Tamarisk and thistle are problems. <br />Options <br />1. Renew permit now knowing BCC won't submit additional bond. Issue NOV for <br />insufficient bond. Most likely this option will lead to permit revocation and bond <br />forfeiture. <br />2. Allow BCC to submit a Phase I bond release application knowing that no money will be <br />returned. A Phase I for backfilling/grading on East hillside is one possibility. BCC <br />wants to submit a Partial Phase I for structural demolition, however we told them they <br />need to complete the remaining structural demolition tasks discussed above before we <br />would consider this. Ideally, a Phase I application covering the east hillside and <br />structural demolition would be submitted. Submittal of a bond release application and <br />processing it will continue to delay permit renewal. <br />However, a bond release at this time would allow the Division to renew the permit and <br />BCC would retain responsibility for resolving the on-the-ground issues. <br />Recommendation <br />caG <br />I recommend option 2 above. Perhaps knowing that a bond release is a possibility would <br />motivate BCC to complete the structural demolition. We could set a deadline, for example May <br />31, 2009 to complete the structural demolition and submit bond release request. If all goes well <br />we would propose a decision in August, 2009 and renew permit upon issuance of bond release <br />deicision. We would have to recommend a release of at least $119,000.00 for this option to <br />work.